Kenansville City Zoning Code

ENFORCEMENT PROCEDURES

§ 152.095 PURPOSE.

This subchapter establishes procedures through which the town seeks to ensure compliance with the provisions of this chapter and obtain corrections for chapter violations. It also sets forth the remedies and penalties that apply to violations of this chapter. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

(Ord. passed 3-5-2018)

§ 152.096 COMPLIANCE REQUIRED.

Compliance with all the procedures, standards and other provisions of this chapter is required by all persons owning, developing, managing, using or occupying land or structures within the town’s jurisdiction.

(Ord. passed 3-5-2018)

§ 152.097 VIOLATIONS.

(A) Violations generally.

(1) Failure to comply with ordinance or term or condition of approval constitutes ordinance violation. Any failure to comply with a standard, requirement, prohibition or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this chapter shall constitute a violation of this chapter punishable as provided in this chapter.

(2) Permits or permit approvals only authorize specified development. Permits or permit approvals issued by a decision-making body authorize only the use, arrangement, location, design, density or intensity and development set forth in such permits or development approvals.

(B) Specific violations. It shall be a violation of this chapter to undertake any land development activity contrary to the provisions of this chapter, including, but not limited to, any of the following:

(1) Developing land or a structure without first obtaining the appropriate permit or permit approval;

(2) Occupying or using land or a structure without first obtaining the appropriate permit or permit approval;

(3) Developing land or a structure without complying with the terms or conditions of the permit or permit approval required to engage in development;

(4) Occupying or using land or a structure in violation of the terms or conditions of the permit or permit approval;

(5) Subdividing land without first obtaining the appropriate permit or permit approval required to engage in the subdivision;

(6) Subdividing land without complying with the terms or conditions of the permit or permit approval required to engage in the development;

(7) Excavate, cut, clear or undertake any land disturbing activity without first obtaining all appropriate permits and permit approvals, and complying with their terms and conditions; and

(8) Install, create, erect, alter or maintain any sign without first obtaining the appropriate permit or permit approval;

(9) Fail to remove any sign installed, created, erected, altered or maintained in violation of this chapter, or for which the permit has expired;

(10) Create, expand, replace or modify any non-conformity, except in compliance with this chapter;

(11) Reduce or diminish the requirements for development, design or dimensional standards below the minimum requirements of this chapter;

(12) Increase the intensity or density of development, except in accordance with the standards of this chapter; and

(13) Through any act or omission, fail to comply with any other provisions, procedures or standards required by this chapter.

(Ord. passed 3-5-2018)

§ 152.098 RESPONSIBLE PERSONS.

Any person who violates this chapter shall be subject to the remedies and penalties set forth in this subchapter.

(Ord. passed 3-5-2018)

§ 152.099 ENFORCEMENT GENERALLY.

(A) Responsibility for enforcement. The Ordinance Administrator shall be responsible for enforcing the provisions of this chapter in accordance with G.S. §§ 160A-174, 160A-175 and 160A-193.

(B) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefor, shall be filed with the Ordinance Administrator, who shall properly record such complaint, investigate and take appropriate action as provided by this chapter.

(1) Notice of violation.

(a) When the Ordinance Administrator finds a violation of this chapter, he shall take appropriate action to remedy the violation consistent with § 152.999(A) of this chapter. The Ordinance Administrator shall notify, in writing, the person violating this chapter. Such notification shall indicate:

1. The nature of the violation;

2. Order the necessary action to abate the violation; and

3. Give a deadline for correcting the violation.

(b) The final notice of violation (the initial notice of violation may also be the final notice of violation) shall state what course of action is intended if the violation is not corrected within the time frame specified by the Ordinance Administrator. The notice of violation shall also advise the violator of his or her rights to appeal the notice of violation to the Board of Adjustment (BOA) within 30 days of the date the final notice of violation was issued.

(2) Application of remedies and penalties. If the owner, occupant or person responsible for the violation fails to comply with the final notice of violation from which no appeal has been taken within 30 days, as provided in the notification, the Ordinance Administrator shall take appropriate action, as provided in § 152.999(A) of this chapter, to correct and abate the violation and to ensure compliance with this chapter.

(D) Statute of limitations. The state’s General Assembly passed a bill signed into law by the Governor limiting enforcement of zoning violations. The bill became law in 2017 and is effective 10-1-2018. The law creates a five-year and a seven-year limitation for enforcing zoning violations, dependent upon on the circumstances of a violation.

(Ord. passed 3-5-2018)

Statutory reference:

Statute of Limitations/Land Use Violations, Senate Bill 0131: Section 2.15(a) (Five years); Section 2.15(b) (Seven years); Section 2.15(c) (Effective date).)